Judgment Vishnudeo Narayan, J.- This Criminal appeal has been directed by the appellants named above against the impugned judgment and order dated 27.03.1997 passed in Sessions Trial No. 220 of 1993 by Shri Eric Meachyari, 1st Additional Sessions Judge, Hazaribagh whereby and whereunder they were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo A.I. for life. 2. The prosecution case has arisen on the basis of fardbeyan (Ext. 4) of P.W. 2, Ramadhar Singh, nephew of Marari Singh, the deceased of this case recorded by P.W. 9, A.B. Nanhe, O.C. Sadar P.S., Hazaribagh at the verandah of the Sadar Hospital, Hazaribagh on 21.12.1997 at 11.00 hours regarding the occurrence which is said to have taken place on that very day at 9.35 hours on the road in front of the house of the appellants at New Area Okhni in the town of Hazaribagh. The case instituted on that very day at 12.15 hours as per formal F.I.R. (Ext. 5) and the fardbeyan and the formal F.I.R. aforesaid were received in the court empowered to take cognizance on 22.12.1997. 3. The prosecution case, in brief, is that Ramadhar Singh the deceased of this case had purchased the "Parti" land situate adjacent the house of the appellant Awadesh Kumar Verma who used to lay his claim over it which has led to the institution of the case before the concerned P.S. as well as in the court and proceeding under Sections 107 and 144 of the Cr.P.C. were subjudice before the court. It is alleged that 21.12.1997 was the date fixed in the proceeding under Section 107 of the Code of Criminal Procedure aforesaid and P.W. 2, the informant and the deceased were going to the court from their house on two motorcycles. It is alleged that 21.12.1997 was the date fixed in the proceeding under Section 107 of the Code of Criminal Procedure aforesaid and P.W. 2, the informant and the deceased were going to the court from their house on two motorcycles. The prosecution case further is that on their way to the court deceased was ahead of him by 20 feet on his motorcycle and appellant Awadesh Kumar Verma shouted that deceased has come and the moment he reached in front of the house of the appellants and at this appellant Brajesh Kumar Verma picked up a ahala from his door and came running on the road and gave a blow by ahala causing injury at the temple of the deceased as a result of which he fell down and in that course the deceased gave a blow from his left hand which has caused a bleeding injury on the nose of appellant Awadesh Kumar Verma and the motorcycle of the deceased rolled ahead and ultimately fell in the left side of the road. It is also alleged that both the appellants started assaulting the deceased when he fell down from his motorcycle by ahala and ahujali and in course of assault, the ahala got broken and, thereafter, the deceased was assaulted by the wooden portion of that broken Bhala continuously and, thereafter, appellant Awadesh Kumar Verma started crushing the face of the deceased by hitting it by brick. It is also alleged that P.W.2, the informant came forward to rescue the deceased but out of fear as the appellants were armed with Bhala and Bhujali he withdrew himself and appellant Awadesh Kumar Verma has also attempted to assault him by bricks in anger and he raised alarms after receding away from the place of occurrence and a large number of person including P.W. 1 Akhileshwar Pd. Singh and P.W. 3 Satish Kumar Singh came there and have witnessed the occurrence. Thereafter, the deceased was brought to the Sadar hospital where he died in course of treatment. 4. Singh and P.W. 3 Satish Kumar Singh came there and have witnessed the occurrence. Thereafter, the deceased was brought to the Sadar hospital where he died in course of treatment. 4. P.W. 8, Ramnandan Prasad, A.S.I., Sadar P.S., Hazaribagh on rumour regarding the occurrence rushed to the place of occurrence in the company of S.I. BK Singh and found Murari Singh unconscious lying on the road in the injured state and he was shifted to Sadar hospital, Hazaribagh and on information regarding the complicity of the appellants in the occurrence as told by the persons assembled at the place of occurrence he rushed to the house of the appellant which is very close to the place of occurrence and he found appellant Brajesh Kumar Verma washing his blood stained hand and he was arrested and one bamboo lathi was also found in the courtyard near the drain having blood stains thereon besides a broken Bhala and a white saree having blood stains thereon which were seized by him as per Ext. 3, the seizure list in presence of the witnesses and a copy of the said seizure list was handed over to appellant Brajesh Kumar Verma who made an endorsement thereon which is Ext. 1/9. Exts. 1/4 and 1/7 are the signatures thereon of P.W. 4, Suresh Kumar Verma and one Umesh Kumar Gupta (not examined in this case). Thereafter, blood stained earth and three pieces of blood stained bricks. T.Vs. Suzuki Motorcycle bearing registration no. BR-135-1305 of blue colour along with its key besides three blood stained teeth were seized from the place of occurrence as per Ext. 3/1 in presence of P.W. 4, Suresh Kumar Verma and one Nand Kishore Singh and the signature of P.W. 4 thereon is Ext. 1/5. Thereafter, four iron pipes of different dimensions, three Dabs from the house of appellant Awadesh Kumar Verma and the broken pieces of brick having blood stains thereon from inside his boundary of the house were recovered and seized as per Ext. 3/2 in presence of P.W. 4, Suresh Kumar Verma and one Umesh Kumar Gupta and their signatures thereon are Exts. 1/6 and 1/8 respectively. Blood stains clothes of appellant Brajesh Kumar Verma were also seized in the premises of the Sadar Police Station in presence of the witnesses as per seizure list Ext. 3/3. 3/2 in presence of P.W. 4, Suresh Kumar Verma and one Umesh Kumar Gupta and their signatures thereon are Exts. 1/6 and 1/8 respectively. Blood stains clothes of appellant Brajesh Kumar Verma were also seized in the premises of the Sadar Police Station in presence of the witnesses as per seizure list Ext. 3/3. P.W.9 on information also reached the place of occurrence where he had found P.W. 8, Ramnandan Prasad in the company of S.I. B.K. Singh where he was informed that the injured has been shifted to the hospital and, thereafter, he went to the said hospital where he found Murari Singh dead, lying in the verandah of the hospital and he has recorded the fardbeyan (Ext. 4) of P.W. 2, Ramadhar Sirigh, the informant which was witnessed by P.W. 3 Satish Kumar Singh and his signature thereon is Ext. 1/1 and the signature of the informant thereon is Ext. 1. Inquest Report (Ext. 6) of the dead body of the deceased was prepared in the Sadar hospital, Hazaribagh in presence of the witnesses i.e. P.W. 3 and P.W. 2 and the dead body was sent for autopsy. P.W. 7, Dr. Surendra Choudhary has conducted the postmortem examination on the dead body of the deceased on that very day at 12.40 P.M. and the postmortem report per his pen is Ext. 2 in this case. 4A. Both the appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity. 5. In view of the oral and documentary evidence on the record the learned court below found both the appellants guilty for the offence under Section 302/34 of the Indian Penal Code and has convicted and sentenced them as stated above. 6. 5. In view of the oral and documentary evidence on the record the learned court below found both the appellants guilty for the offence under Section 302/34 of the Indian Penal Code and has convicted and sentenced them as stated above. 6. Assailing the impugned judgment it has been submitted by the learned counsel for the appellants that the learned court below did not consider the evidence on the record in proper perspective and has gravely erred in coming to the finding of the guilt of the appellants and the learned court below has totally overlooked regarding the enmity existing and alive between the parties prior to the occurrence and due to the said enmity the appellants have been roped in a totally got up case and P.W. 2, P.W. 1 and P.W. 3 falsely claim to be the ocular witnesses of the occurrence rather they are chance witnesses and equally interested and partisan witnesses closely related with the deceased of this case and on this score their testimony is not worthy of credit and is fit to be brushed aside. P.W. 5 is equally a chance witness and has also no occasion at all to witness the occurrence and his testimony is equally fit to be brushed aside. It has also been submitted for the appellant that the weapon and other article alleged to have been seized as per seizure lists (Ext. 3 series) have not been brought before the court and there is also no report of the Serologist on the record to establish the tact that the aforesaid seized articles had human blood thereon. Further contention of the learned counsel for the appellants is that three blood stained teeth are also alleged to have been recovered and seized from the place of occurrence and the postmortem report does not even whisper regarding any injury on the teeth of the deceased and the aforesaid teeth have no co-relation with the deceased and no explanation is coming on the record by the prosecution as from where the aforesaid three blood stained teeth have come to the place of occurrence and this aspect of the matter creates reasonable doubt regarding the authenticity of the manner of the prosecution case. It has also been submitted that the statement of both the appellants have been recorded under Section 313 of the Cr. It has also been submitted that the statement of both the appellants have been recorded under Section 313 of the Cr. P.C. in the most perfunctory manner and all the circumstances emanating on the record as per the evidence of the prosecution witnesses have not been put to the appellants in their examination under Section 313 Cr.P.C. which has caused serious prejudice to the appellants and the learned court below has wrongly relied upon those circumstances against the appellants in coming to the finding of their guilt. It has also been submitted by the learned counsel for the appellants that P.W. 8 in the company of S.I. B.K. Singh left the police station at about 9.00 O'clock in the morning on rumour regarding the murder of a person at New Area Okhni and they have reached to the place of occurrence within 5-7 minutes thereafter and Station Diary Entry in respect thereof has been deliberately withheld which if brought on the record must have established the fact that the occurrence alleged to have taken place at 9.35 A.M. is palpably false and incorrect and the earliest version of the occurrence also stands suppressed and, therefore, the fardbeyan Ext. 5 cannot be the basis of the prosecution case as it suffers with legal infirmities as per provision under Section 161 Cr.P.C. and, therefore, the impugned judgment is unsustainable in law. 7. Controverting the submissions put forward on behalf of the appellants learned A.P.P. has submitted that the occurrence in question has taken place in the broad day light at 9.35 A.M. on the road in front of the house of the appellants and the said road goes to Pagoda in the town of Hazaribagh and it is a very busy road and as per the prosecution case the deceased and P.W. 2, the informant were going to the court to attend the case under Section 107 of the Cr. P.C. fixed on that date and they were on their respective motorcycles and the deceased was about 20 feet ahead of the informant and as such P.W. 2, the informant is a natural and competent ocular witness of the occurrence. P.C. fixed on that date and they were on their respective motorcycles and the deceased was about 20 feet ahead of the informant and as such P.W. 2, the informant is a natural and competent ocular witness of the occurrence. P.W. 1 and P.W. 3 as per the evidence were also passing through that road at the relevant time and they have equally the occasion to witness the occurrence whereas P.W. 5 has his house in the close vicinity of the place of the occurrence. Therefore, the aforesaid witnesses can never be termed as chance witnesses. It has also been contended that the objective finding of the 1.0. and the recovery and the seizure of the incriminating articles either from the place of occurrence or from the house of the appellants do establish the prosecution case beyond all reasonable doubts in the facts and circumstances of this case whereas the non-production of the seized articles and the absence of the Serologist Report do not at all affect the authenticity of the prosecution case. It has further been contended that the statement of the appellants under Section 313 of the Cr. P.C. has been exhaustively recorded by the learned trial court and all the circumstances emanating in the evidence of the witnesses on the record have been brought to the notice of the appellants in course of his examination under Section 313 of the Cr.P.C. and there is, therefore, no question of any prejudice having been caused to the appellants on that score. Lastly it has been contended that no S.D. Entry has been recorded when P.W. 8 has left the police station on rumour regarding the murder of a person at New Area Okhni and there appears to be an inadvertent error by P.W. 8, that he has left the police station at 9.00 o'clock in the morning for the place of occurrence and this inadvertent statement of the said witness does not cast a cloud of suspicion regarding the occurrence having been taken place at 9.35 A.M. on that day and furthermore the fardbeyan Ext. 5 is the earliest statement regarding the occurrence and it does not stand vitiated at all as per the provision of Section 161 of the Cr.P.C. Lastly it has been contended that the learned court below has meticulously considered the evidence on the record and has rightly come to the finding of the guilt of the appellants. 8. The prosecution has in all examined nine witnesses to substantiate this case. P.W. 2, Ramadhar Singh is a nephew of the deceased and he claims that at the time of the occurrence he was going to the court with the deceased on their respective motorcycles and in his presence the occurrence has taken place. P.W. 1, Akhileshwar Pd. Singh and P.W. 3, Satish Kumar Singh besides P.W. 5 Lallan Prasad also claims to be the ocular witness of the occurrence and at the relevant time P.W. 1 Akhileshwar Pd. Singh was passing through that road for going to the house of Shatrughan Babu, Advocate and P.W. 3 was also going towards Pagoda chowk passing through that road after meeting his friend. P.W. 5, Lallan Prasad claims to have witnessed the occurrence from his house which is in the vicinity of the place of occurrence. P.W. 4 is the witness of seizure of the incriminating articles from the house of the appellant. P.W. 6, Prabhat Ranjan who is the brother of P.W. 5 has been tendered in this case. P.W. 7, Dr. Surendra Choudhary has conducted the postmortem examination on the dead body of the deceased and the postmortem report per his pen is Ext. 2 in this case. P.W. 8, A.S.I. Ramnandan Prasad claims to have come to the place of occurrence on rumour regarding the murder of a person in New Area Okhni and he has prepared the seizure list in respect of which I have stated above. P.W. 9, A.B. Nanhe, O.C. of Sadar P.S., Hazaribagh has conducted the investigation in this case. One Kedhan Ram has been examined on behalf of the defence who has proved the Complaint Petition of Complaint Case No. 325 of 1992 filed by appellant Awadesh Kumar Verma against Murari Singh, the deceased of this case and others including P.W. 5 Lalan Prasad regarding the occurrence which is alleged to have taken place on 27.08.1992 at 11.00 A.M. and Vakalatnama Ext. B executed by the said Awadesh Kumar Verma and a notice of M. Case No. 1247 of 1992 under Section 107 of the Cr. P.C. issued against the appellant Awadesh Kumar Verma is Ext. C in this case. 9. There is no denying the fact that there were enmity existing and alive, between the appellants and the deceased prior to the occurrence and they were on litigating terms and proceeding under Section 144 and also under Section 107 of the Code of Criminal Procedure were subjudice between them on the date of the occurrence. The deceased has purchased a land situated in the close vicinity of the house of the appellants by virtue of the sale deed executed by Saraswati Devi which she has acquired by sale from Parwati Devi, the step maternal grand mother of the appellants. It appears from the evidence oral and documentary on the record that the house of the appellants and the land adjoining the said house was acquired by Hariram in the year 1926. Said Hariram had two wives and from the first wife he had a daughter named Uma Devi. The appellants are the sons of Uma Devi aforesaid. Parvati Devi was the subsequently married wife of Hariram aforesaid. Hariram aforesaid died in the year 1941 leaving behind his widow Parwati Devi and his daughter Mahamaya Devi born of Parwati Devi besides Uma Devi aforesaid. Parwati Devi aforesaid executed sale deed in respect of the adjacent "Parti" land of the house of the appellant to Saraswati Devi by virtue of the sale deed dated 21.07.1973. Thereafter, the deceased had acquired the said land by virtue of the sale deed executed by Saraswati Devi aforesaid. Uma Devi aforesaid filed Title Suit No. 97 of 1973 against Parwati Devi and Saraswati Devi besides Mahamaya Devi for declaration that the sale deed executed on 21.07.1973 by Parwati Devi aforesaid in favour of Saraswati Devi is null arid void and Saraswati Devi has acquired no right in the said property. The said Title Suit was dismissed vide order dated 27.8.1977. All the aforesaid facts are borne out by Ext. 8, the judgment and decree of the said Title Suit. Appellant Awadesh Kumar Verma also got a sale deed executed in the year 1987 in respect of the said property from Uma Devi aforesaid. The said Title Suit was dismissed vide order dated 27.8.1977. All the aforesaid facts are borne out by Ext. 8, the judgment and decree of the said Title Suit. Appellant Awadesh Kumar Verma also got a sale deed executed in the year 1987 in respect of the said property from Uma Devi aforesaid. Thereafter, there had been a criminal case between appellant Awadesh Kumar Verma and Murari Singh, the deceased of this case, along with others including P.W. 5 in the year 1992 at the instance of Awadesh Kumar Verma and the Complaint Case of the said case is Ext. "A" in. this case. There has also been a proceeding under Section 107 of the Code of Criminal Procedure bearing M. Case No. 1247 of 1992 between the parties and a notice of the said proceeding against the appellant Awadesh Kumar Verma is Ext. "C" in this case. It, therefore, appears that there was enmity between the appellants and the deceased soon after the execution of the sale deed in respect of the said property by Saraswati Devi in favour of the deceased. Even on the date of occurrence proceeding under Section 107 of the Code of Criminal Procedure was also pending in the competent court between the parties. In this background of the existence of enmity between the parties prior to the occurrence let us now scan and scrutinize the evidence on the record. According to the fardbeyan (Ext. 4) the deceased and P.W. 2, Ramadhar Singh, the informant, were going to the court to attend the case under Section 107 of the Code of Criminal Procedure from the house of the deceased on two motorcycles and deceased was ahead of the informant by 20 feet on his motorcycle on way to the court and seeing the deceased, appellant Awadesh Kumar Verma shouted that the deceased has come and the moment the deceased reached in front of the house of the appellants, appellant Brajesh Kumar Verma picked up a Bhala from his door and came running on the road and gave a blow by Bhala causing injury on the temple of the deceased as a result of which he fell down and, thereafter, further assault was mounted on the deceased by the appellants. The place of occurrence according to P.W. 9 is the macadamized road which goes to New Area Okhni and this road runs from east to west. The place of occurrence according to P.W. 9 is the macadamized road which goes to New Area Okhni and this road runs from east to west. House of the appellants is adjacent north of the said road. P.W. 2 in para 26 of his evidence has deposed that the house of the deceased is situated west of the house of the appellant at a distance of 600 yards intervened by several houses. P.W. 2, the informant has• deposed that the deceased has purchased the "Parti" land adjacent the house of the appellants from Saraswati Devi who was in possession of the said land and the appellant Awadesh Kumar Verma used to lay claim on the said land and there was a case under Section 107 of the Code of Criminal Procedure subjudice between the deceased and the appellant Awadesh Kumar Verma on the date of the occurrence and 21.12.1997 was the date fixed in the said case. He has further deposed in para 22 of his evidence that he is the son of Hira Singh, the full brother of the deceased of this case and in para 16 of his evidence he has deposed that he had come to the house• of the deceased at 8.30 hours on that day from Chanho to attend the court in his company. His evidence is further to the effect that he and the deceased proceeded from the house aforesaid of the deceased at 9.25 hours for the court and the deceased had taken "Sattu" immediately before going to the court. It is relevant to mention here that P.W. 7, the medical witness has deposed to have found the stomach of the deceased containing six ounces of "Sattu". It, therefore, appears that P.W. 2, the informant and the deceased had left from the house immediately soon prior to the occurrence on their respective motorcycles for going to the court to attend the proceeding under Section 107 of the Code of Criminal Procedure subjudice between the parties. P.W. 2 has further deposed that the deceased was 20-25 feet ahead of him on his motorcycle in the way. P.W. 2 has further deposed that the deceased was 20-25 feet ahead of him on his motorcycle in the way. His evidence is further to the effect that appellant Awadesh Kumar Verma shouted that the deceased has come and the moment the deceased reached in front of the house of the appellants and at this appellant Brajesh Kumar Verma picked up a Bhala from his door and came running on the road and gave a blow by Bhala causing injury on the temple of Murari Singh as a result of which Murari Singh aforesaid fell on the road and his motorcycle rolled ahead and ultimately fell in the left side of the road. He has also deposed that, thereafter, appellants Awadesh Kumar Verma and Brajesh Kumar Verma started assaulting him by Bhujali and Bhala respectively and in course of assault the Bhala broke and, thereafter, appellant Brajesh Kumar Verma assaulted him from the wooden portion of that broken Bhala and Awadesh Kumar Verma started hitting the face of Murari Singh by brick. He has •also deposed that he attempted to intervene in course of the assault to save Murari Singh but Awadesh Kumar Verma in anger wielded brick and lathi at him with intention to assault him and, thereafter, he receded from that place and raised alarms and in the meantime P.W. 1 and P.W. 3 came there. He has also deposed that, thereafter, appellant Awadesh Kumar Verma fled away towards the town and appellant Brajesh Kumar Verma disappeared in the crowd. He has also deposed that there was copious blood fallen at the place of occurrence. According to him the deceased was shifted to the hospital where he died in course of treatment. P.W. 1 in his evidence on oath has deposed that at the time of the occurrence he was going to the house of Shatrughan Babu, Advocate and on alarms raised by the informant he rushed to the place of occurrence and found Murari Singh fallen on the road besmeared with blood and appellant Brajesh Kumar Verma was assaulting him by the broken lath; of the Bhala and appellant Awadesh Kumar Verma was assaulting him by Bhujali and, thereafter, Awadesh Kumar Verma further assaulted at the face and head of Murari Singh by the broken brick. In para 14 of his cross examination he has deposed that he heard the alarms when he was about 100 feet away from the place of occurrence and he had rushed to the place of occurrence and has witnessed the occurrence at a distance of 10-20 feet. He has also deposed to have seen P.W. 1 and P.W.3 ten feet away from the place of occurrence. P.W. 3, Satish Kumar Singh has deposed that at the time of the occurrence he was going towards Pagoda chowk for going to his house after meeting his friend and he saw a large number of persons assembled at the place of occurrence when he was a bit away from there and he also rushed to that place of occurrence where he found appellant Brajesh Kumar Verma continuously assaulting Murari Singh by Bhala and appellant Awadesh Kumar Verma by Bhujali on his head, neck and face and, thereafter, he has seen appellant Awadesh Kumar Verma assaulting on his mouth by brick. P.W. 5, Lallan Prasad was at his house at the time of the occurrence and his house is adjacent north of the house of the appellants and he was standing in front of his door at the time of the occurrence from where the house of the appellant is visible and he claims to have seen the occurrence from the distance of 25 feet. He has deposed to have seen Murari Singh, the deceased of this case on his T.Vs. Suzuki Motorcycle going towards Pagoda chowk and appellant Awadesh Kumar Verma shouted regarding the arrival of the deceased and his brother appellant Brajesh Kumar Verma came there with Bhala and gave a blow on the temple of Murari Singh by the said Bhala as a result of which Murari Singh fell down and, thereafter, both the appellants assaulted him by Bhala and brick and in the meantime the informant reached there on other motorcycle and had raised alarms. It is consistent evidence of P.W. 2 and all other ocular witnesses of the occurrence that Murari Singh was shifted to the hospital in the unconscious injured state from the place of occurrence where he died in course of treatment. The Inquest Report (Ext. It is consistent evidence of P.W. 2 and all other ocular witnesses of the occurrence that Murari Singh was shifted to the hospital in the unconscious injured state from the place of occurrence where he died in course of treatment. The Inquest Report (Ext. 6) prepared in the Hospital by P.W. 9, the I.O. shows the existence of several injuries at the temple, head and face of the deceased alleged to have been caused by Bhala, lathi, Grasa and brick. P.W. 7, Dr. Surendra Choudhary has deposed to have conducted the postmortem examination on the dead body of the deceased on 21.12.1997 i.e. on the very date of the occurrence at 12.40 hours and he has deposed to have found the following ante mortem injuries on the person of the deceased: (i) An incised wound 1" x 1/4" x bone deep on right side of face. (ii) An incised wound 2" x 1/2" x bone deep on sub-mandibular region of face. (iii) An incised wound 1" x 1/2" x mandible cut deep on right side of face just below and anterior to right ear. (iv) A penetrating wound 1" x 1/2" extending to their cervical vertebra on antero-lateral part of right side of neck. (v) An incised wound 1/2" x 1/2" bone deep on right side of head. (vi) An incised wound 1" x 1/2" bone deep just lateral to injury no. (v) on right side of head. (vii) An abrasion 1" x 1/4" on chest caused by hard and blunt substance such as lathi. The medical witness has also deposed that all the incised injuries aforesaid have been caused by sharp cutting weapon such as Bhujali and the penetrating wound appearing on the dead body of the deceased has been caused by Bhala and the abrasion have been caused by blunt substance such as lathi. According to the medical witness death of deceased is due to haemorrhage and shock as a result of the injuries aforesaid and the time elapsed since death is within six hours of the postmortem examination. Ext. 2 is the postmortem report as per pen of this witness. P.W. 8, Ramnandan Prasad, A.S.I. Sadar P.S., Hazaribagh has deposed that on hearing rumour regarding the murder of a person at New Area Okhni, he in the company of S.1. Ext. 2 is the postmortem report as per pen of this witness. P.W. 8, Ramnandan Prasad, A.S.I. Sadar P.S., Hazaribagh has deposed that on hearing rumour regarding the murder of a person at New Area Okhni, he in the company of S.1. B.K. Singh came to the place of occurrence and found a person lying on the road in the injured and unconscious state and he shifted the said injured to the hospital. He has also found copious blood fallen at the place of occurrence where the injured had fallen. He has also deposed that on getting information at the place of occurrence by the persons assembled there regarding the assault on the said person perpetrated by both the appellants he had gone to the house of the appellants which is nearby to the place of occurrence where he found appellant Brajesh Kumar Verma washing his blood stained hand and he apprehended Brajesh Kumar Verma. He has also deposed to have recovered blood stained lathi from the courtyard of the appellants and a brokm Bhala and also a white saree both having blood stains thereon and seized those articles and prepared seizure list (Ext. 3) in presence of the witness. He has also deposed to have seized blood stained earth and three blood stained teeth from the place of occurrence and T.Vs. Suzuki motorcycle fallen on the side of the road along with its key 55 feet north of the place of occurrence besides blood stained broken pieces of brick within the boundary wall of the house of the appellants which have been seized and the seizure list in respect thereof were prepared. He has also deposed to have found two iron pipes and two Dabs from the house of the appellants. He has also deposed that the clothes of the appellants Brajesh Kumar Verma was also seized on which there were blood stains when appellant Brajesh Kumar Verma was brought to the police station after being apprehended. 10. It will admit of no doubt from evidence aforesaid that the occurrence had taken place on the macadamized road in front of the house of the appellants at 9.35 A.M. on 21.12.1997 in which the deceased was assaulted by the appellants by Bhala, Lathi, Bhujali and brick and his death has been caused due to aforesaid injuries. The objective finding of P.Ws. The objective finding of P.Ws. 8 and 9 also corroborates that the occurrence had taken place at the macadamized road in front of the house of the appellants. The injuries found on the person of the deceased as deposed by P.W. 7, the medical witness equally corroborate the manner of occurrence as deposed by P.W. 2, the informant read with the evidence of P.Ws. 1, 3 and 5. P.Ws. 2, 1, 3 and 5 in the facts and circumstances of this case are the most competent and natural witnesses of the occurrence and they have occasion to witness the occurrence and P.Ws. 2 and 1 had brought the deceased to the hospital from the place of occurrence for his treatment immediately soon after the occurrence. Therefore, the aforesaid ocular witnesses of the occurrence cannot be termed as chance witnesses in the facts and circumstances of this case. It is true that informant is the nephew of the deceased and P.W. 1 is also distantly related with the deceased and P.W. 3 is the co-villager of the deceased and is also distantly related with the deceased as he happens to be the brother-in-law of the nephew of the deceased as per para 8 of his testimony. P.W. 5 is the neighbour of the appellants having his house in the close proximity of the place of occurrence though he has earlier figured as an accused with the deceased in Complaint Case (Ext. A) filed by the appellant Awadesh Kumar Verma. Their testimony cannot be discarded on the score that those witnesses are closely related with the deceased with whom the appellants were on litigating terms. It is the settled principle of law that the evidence of close relatives of the deceased cannot be discarded simply on the ground of their relationship with the deceased. However, the court must scrutinize their evidence with care and caution. Though a large number of persons had assembled at the place of occurrence in course of the commission of assault on the deceased by the appellants but none of them figured as a witness in this case for the prosecution. For this the reason is not very far to seek. There is common tendency of outsiders not to get themselves involved in a criminal case and it would be quite 'natural that no independent witness would come forward to assist the prosecution in the case of murder. For this the reason is not very far to seek. There is common tendency of outsiders not to get themselves involved in a criminal case and it would be quite 'natural that no independent witness would come forward to assist the prosecution in the case of murder. Even with regard to the interested witnesses being close relatives it is the duty of the Court to separate the truth from falsehood and the chaff from the grain and in view of the close relationship the relative witnesses would not leave out the real assailant and implicate any innocent person and while appreciating the evidence of a relative witness the approach must be: whether the evidence of the witness read as a whole appears to have a ring of truth. Once the impression regarding a ring of truth is found it is undoubtedly necessary for the Court to scrutinize the evidence more particularly keeping in view the deficiency, draw backs and infirmity pointed out in the evidence as a whole and evaluate them to find out whether it is against the general tenor of the evidence and whether the earlier evaluation of the evidence is shaken as to render it unworthy of belief. Minor discrepancies or trivial matters not touching the core of the case, a hyper technical approach in perusal of the evidence should be avoided. Keeping in view the principle of care and caution in scrutinizing the evidence of the aforesaid related witnesses of this case, I see ring of truth in their evidence and their evidence is worthy of credit read with the objective finding of the I.O. and the injuries found on the person of the deceased as deposed by them duly corroborated by the medical witness. Therefore, there appears to be no substance in the contention of the learned counsel for the appellants that the aforesaid witnesses are related inimical and chance witnesses. It is true that three blood stained teeth were also found at the place of occurrence which was recovered and seized by the I.O. There is no explanation on the record, however, in respect thereof. The medical witness in their evidence is silent regarding any missing teeth of the deceased in course of postmortem examination of the dead body of the deceased. The medical witness in their evidence is silent regarding any missing teeth of the deceased in course of postmortem examination of the dead body of the deceased. Here it is pertinent to mention that according to the averment made in the fardbeyan, the deceased had given a blow on the face of appellant Awadesh Kumar Verma which led to his nasal bleeding and finding the trail of blood from the place of occurrence to the house of the appellant P.W. 8 went to the house of the appellant and had apprehended appellant Brajesh Kumar Verma from his house while he was washing his blood stained hands. It appears from the evidence on the record that the aforesaid teeth have definitely no corelation with the deceased. Therefore, in the facts and circumstances of this case it cannot be ruled out that the aforesaid three teeth may have some co-relation with the appellants Awadesh Kumar Verma who has sustained injuries on his nose by the blow given by the deceased. Therefore, the non-explanation regarding the existence of three aforesaid teeth can never be taken as a lacuna of the prosecution case to cast a cloud of suspicion to the credibility of the prosecution case. The non-production of the seized articles in course of trial before the learned court below does not at all belie the prosecution case in view of the ocular testimony of the witnesses referred to above read with the objective finding of P.Ws. 8 and 9. However, those seized articles were sent to the Forensic Science Laboratory as per order of the C.J.M. but unfortunately the serologist report in respect thereof has not been received by the I.O. Therefore, the nonproduction of the seized articles as per seizure lists aforesaid in course of trial by the I.O. is not a lacunae of the prosecution case of such a magnitude to discard the evidence of the ocular witness of the occurrence read with the objective finding of P.Ws. 8 and 9 which stands corroborated by the medical witness. Therefore, I see no substance in the contention of the learned counsel for the appellant in respect thereof. There is no lacunae in the statement under Section 313 of the Cr. 8 and 9 which stands corroborated by the medical witness. Therefore, I see no substance in the contention of the learned counsel for the appellant in respect thereof. There is no lacunae in the statement under Section 313 of the Cr. P.C. of the appellants recorded by the learned court below as all the circumstances emanating in the evidence of the prosecution witnesses on the record have been brought to the notice of the appellants in their examination under Section 313 of the Cr.P.C. by the learned court below. Therefore, the contention of the learned counsel for the appellants in respect thereof is also not well founded in the facts and circumstances of this case. And last but not the least, there appears to be inadvertent error in the testimony of P.W. 8 that he has left the police station at 9.00 o'clock on rumour regarding the murder of the person at New Area Okhni. There is nothing on the record that any Station Diary Entry has been made regarding the said rumour received by P.W. 8. Therefore, it cannot be said that earlier version regarding the occurrence has been suppressed by the prosecution. Therefore, there is no substance at all in the contention of the learned counsel for the appellant in respect thereof. The evidence of P.W. 2 read with P.Ws. 1,3 and 5 coupled with the objective findings of P.Ws. 8 and 9 establishes the fact beyond all reasonable doubts that the appellants have committed the murder of the deceased by causing injuries on his person by Bhala, Bhujali, wooden portion of broken Bhala and bricks and the learned court below has rightly come to the finding of the guilt of the appellant in view of the oral and documentary evidence on the record. The learned court below has meticulously considered the evidence on the record and has rightly come to the finding of the guilt of the appellants and I see no illegality therein. 11. There is no merit in this appeal and it fails. The impugned judgment of the learned court below is hereby affirmed. The appeal is hereby dismissed. Lakshman Uraon, J.-I agree.